Summary of Prosecution Procedure Flashcards
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Summary
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- Offences against the Misuse of Drugs Act 1975 may be category two or three offences.
- The only drug offences automatically prosecuted by the Crown following plea are:
− s6(1)(b) or (2A) production or manufacture of, or conspiracy to produce or manufacture, methamphetamine
− s10 Aiding offences against corresponding law of another country corresponding to section 6, 9, 12A or 12AB
− s12C Commission of offences outside New Zealand. - Other drug offences may be prosecuted by the Crown if certain criteria are met as outlined in the Crown Prosecution Regulations 2013.
- Charging documents can be filed at any time for offences against sections 6, 9, and 10 of the Misuse of Drugs Act 1975. Any other offence against the Act has a four year time limit for charging documents to be filed from the date the offence was committed.
- Instead of calling the expert analyst of a drug exhibit to give evidence in Court, you can produce a certificate of their findings.
- Certificates are only admissible evidence if:
− you notify the defendant of your intention at least seven days before the hearing, and give them a copy of the analyst’s certificate
− the defendant does not request, at least three days before the hearing and in writing, that the analyst be called
− the Court does not request the oral evidence of the analyst. - Special provisions are made to protect police officers who are working undercover. The Court decides the admissibility of their evidence, weighing up whether the officer merely presented an opportunity for an offence or whether they encouraged an offence which would not otherwise have been committed.
- As O/C Case, you must notify the prosecutor that there is property that is an instrument of crime so that they can file a ‘Prosecutor’s Notice’ with the court, advising them that the court should consider making an instrument forfeiture order. Common examples are a house used to manufacture methamphetamine, or a motor vehicle used to deliver drugs.
